Copyright Act: Federal law (17 U.S.C. ยง 101 et seq.) governing copyright protection for original works, including software. Essential for defining intellectual property rights and protection in the license agreement.
Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including anti-circumvention provisions and safe harbor protections for online service providers.
Computer Fraud and Abuse Act (CFAA): Federal law that addresses unauthorized access to computers and networks, relevant for security provisions and unauthorized use restrictions.
Federal Trade Commission Act: Federal law governing unfair and deceptive practices in commerce, affecting how the software's capabilities can be marketed and represented in the agreement.
Electronic Communications Privacy Act: Federal law regulating the interception and monitoring of electronic communications, relevant for privacy provisions in software that involves communications.
Export Administration Regulations: Federal regulations controlling the export of technologies, including software, particularly relevant if the software will be distributed internationally.
Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions, particularly Article 2 relating to sales of goods, which may apply to software licensing.
State Consumer Protection Laws: Various state laws protecting consumer rights and interests, affecting warranty terms and consumer-facing provisions in the license agreement.
State Data Privacy Laws: State-specific laws governing data privacy and protection, such as the California Consumer Privacy Act (CCPA), affecting how user data can be collected and used.
State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation, which affect the overall validity and enforcement of the license agreement.
GDPR Considerations: While not US law, the EU's General Data Protection Regulation may need to be considered if the software might be used by EU residents or process EU resident data.
Open Source Compliance: Legal obligations arising from the use of open source software components, including license compliance and attribution requirements.
Security Requirements: Industry standards and legal requirements for software security, including data protection measures and breach notification protocols.
Industry-Specific Regulations: Regulations specific to particular industries (e.g., HIPAA for healthcare, GLBA for financial services) that may affect software functionality and usage.
